Portland Community College | Portland, Oregon Portland Community College

CRR 2.2 – Procedures for Resolving Title IX Policy Violations

Table of contents

  1. Overview
  2. Privacy
  3. Initial Assessment
  4. Supportive Measures
  5. Informal Resolution
  6. Formal Grievance Process – Generally
  7. Formal Grievance Process – Step 1: Notice of Investigation and Allegations
  8. Formal Grievance Process – Step 2: Investigation
  9. Formal Grievance Process – Step 3: Live Hearing
  10. Formal Grievance Process – Step 4: Findings and Sanctions
  11. Formal Grievance Process – Step 5: Appeals

Procedures

  1. Overview
    1. This document provides a general outline of how PCC will respond to alleged violations of CRR 1.2 – Title IX Policy.
    2.  This document does not constitute a contract or prevent PCC from varying from this general outline of how PCC’s responds to alleged violations of CRR 1.2 – Title IX Policy.
    3. PCC will process every report of sexual harassment under the procedures outlined in this policy unless and until a mandatory or discretionary dismissal occurs. Should a complaint be dismissed under these procedures, the complaint will be processed under the appropriate college Policy.
    4. PCC will act on any formal or informal notice or complaint of violation of CRR 1.2 – Title IX Policy that is received by the Title IX Coordinator or any other Responsible Employee (as defined by CRR 1.2 – Title IX Policy) by applying the procedures outlined in this document.
    5. The procedures contained in this document apply only to qualifying allegations of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking) under CRR 1.2 – Title IX Policy.
    6. Mandatory and Discretionary Dismissals of Complaints – Generally:
      • Upon any dismissal, PCC will promptly send written notice of the dismissal and the rationale for doing so simultaneously to the parties.
      • This dismissal decision is appealable by any party under the procedures for appeal under CRR 2.5 Appeals. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate. A Reporting Party who decides to withdraw a complaint may later request to reinstate it or refile it.
    7. Mandatory Dismissal of Complaints: PCC must dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:
      • The conduct alleged in the formal complaint would not constitute sexual harassment as defined in CRR 1.2 – Title IX Policy, even if proved; and/or
      • The conduct did not occur in an educational program or activity controlled by PCC (including buildings or property controlled by recognized student organizations); and/or
      • PCC does not have control over the Respondent; and/or
      • The conduct did not occur against a person in the United States; and/or
      • At the time of filing a formal complaint, a Reporting Party is not participating in or attempting to participate in PCC’s education program or activity.
    8. Discretionary Dismissal of Complaints: PCC may dismiss a formal complaint or any allegations therein if, at any time during the investigation or hearing:
      • A Reporting Party notifies the Title IX Coordinator in writing that the Reporting Party would like to withdraw the formal complaint or any allegations therein; or
      • The Respondent is no longer enrolled in or employed by PCC; or
      • Specific circumstances prevent PCC from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.
    9. Continuing Complaints after Mandatory or Discretionary Dismissal under this procedure:
      • Should the Director of Compliance and Title IX Coordinator determine that the allegations (even if found by a preponderance of the evidence) are subject to a mandatory or discretionary dismissal, the Director of Compliance and Title IX Coordinator may either initiate a resolution under a different section of the Civil Rights and Responsibilities Policy, or refer the Reporting Party to the appropriate PCC office should the complaint fall outside the purview of any Civil Rights and Responsibilities Policy.
    10. All employees covered by collective bargaining or other employment agreements or handbooks are subject to the terms of their agreements/employees’ rights to the extent those do not conflict with federal, or state compliance obligations.
  2. Privacy
    1. PCC will make every effort to preserve the privacy of reports and investigations. PCC will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Reporting Party, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.
    2. PCC reserves the right to designate which college officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).
    3. Only a small group of officials who need to know will typically be told about the complaint outside of the Office of Equity and Inclusion, including but not limited to: Human Resources, Student Affairs, Department of Public Safety, PCC CARE team, or Academic Affairs.
    4. Information will be shared as necessary with Investigators, hearing and Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
  3. Initial Assessment
    1. Upon receipt of any notice, complaint, or report of alleged violations of CRR 1.2 – Title IX Policy, PCC initiates an initial assessment to determine next steps, Reporting Party’s desires, any threats to the health and safety of the PCC community, and any other information required to address the misconduct.
    2. The Initial Assessment may include (but is not limited to):
      • The Title IX Coordinator reaches out to the Reporting Party to offer supportive measures.
      • The Title IX Coordinator will notify the Reporting Party of employee and student resources offered by PCC including: referrals to EAP, or counseling; connections with campus-based and community resources including confidential victim advocacy services.
      • The Title IX Coordinator seeks to determine if the Reporting Party wishes to make a formal complaint, and will assist them to do so, if desired.
        • If they do not wish to do so, the Title IX Coordinator determines whether to initiate a complaint because a risk assessment indicates a compelling threat to health and/or safety.
      • If a formal complaint is received, the Title IX Coordinator assesses its sufficiency and works with the Reporting Party to make sure it is correctly completed.
      • The Title IX Coordinator works with the Reporting Party to ensure they are aware of the right to have an Advisor.
      • The Title IX Coordinator works with the Reporting Party to determine whether the Reporting Party prefers a supportive and remedial response, an informal resolution option, or a formal investigation and grievance process.
    3. When an Initial Assessment results in a mandatory or discretionary dismissal, the Director of Compliance and Title IX Coordinator may either initiate a resolution under a different section of the Civil Rights and Responsibilities Policy, or refer the Reporting Party to the appropriate PCC office should the complaint fall outside the purview of any Civil Rights and Responsibilities Policy.
    4. When an Initial Assessment does not result in dismissal of the complaint under CRR 1.2 – Title IX Policy, Director of Compliance and Title IX Coordinator will generally:
      • Offer supportive or emergency measures; and/or
      • Initiate an informal resolution; and/or
      • Initiate a Formal Grievance Process including an investigation and a hearing.
  4. Supportive Measures
    1. Any supportive or emergency measures are dependent on CRR 2.1 – Procedures for Supportive or Protective Measures.
  5. Informal Resolution
    1. Informal Resolutions under this document typically include three different approaches:
      • the parties agree to resolve the matter through an alternate resolution mechanism including mediation, restorative practices, etc.;
      • the Respondent can accept responsibility for violating policy, and desires to accept a sanction and end the resolution process; or
      • the Title IX Coordinator can resolve the matter informally by providing supportive measures to remedy the situation.
    2. Informal resolution may not be used to resolve allegations that an employee sexually harassed a student.
    3. To initiate Informal Resolution, a Reporting Party needs to submit a formal complaint, as defined in CRR 1.2 – Title IX Policy (A document filed/signed by a Reporting Party or signed by the Title IX Coordinator alleging that a Respondent engaged in conduct that violates this Policy and requesting that PCC investigate the allegation). If a Respondent wishes to initiate Informal Resolution, they should contact the Title IX Coordinator
    4. It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process, and any party participating in Informal Resolution can stop the process at any time and begin or resume the Formal Grievance Process.
    5. Prior to implementing Informal Resolution, PCC will provide the parties with written notice of the reported misconduct and any sanctions or measures that may result from participating in such a process, including information regarding any records that will be maintained or shared by PCC.
    6. PCC will obtain voluntary, written confirmation that all parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the parties to participate in Informal Resolution.
  6. Formal Grievance Process – Generally
    1. The Formal Grievance Process applies to all students and employees equally.
    2.  The Formal Grievance Process at PCC generally has five steps:
      • Step 1: Notice of Investigation and Allegations
      • Step 2: Investigation
      • Step 3: Live Hearing
      • Step 4: Findings and Sanctions
      • Step 5: Appeal
    3. Timing of the Formal Grievance Process: PCC will make a good faith effort to complete the Formal Grievance Process within 90 days from issuing the Notice of Investigation and Allegations. The Title IX Coordinator can extend this timeframe as necessary for appropriate cause. The Director of Compliance and Title IX Coordinator will provide notice and rationale for any extensions or delays to the parties as appropriate, as well as an estimate of how much additional time will be needed to complete the process.
    4. Ensuring Impartiality: Any individual materially involved in the administration of the resolution process (including the Title IX Coordinator, Investigator(s), and Decision-maker(s)) may neither have nor demonstrate a conflict of interest or bias for or against a party generally, or for or against a specific Reporting Party or Respondent. The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The parties may, at any time during the resolution process, raise a concern regarding bias or conflict of interest, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Investigator will be assigned and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with PCC’s Chief Diversity Officer. The Formal Grievance Process involves an objective evaluation of all relevant evidence obtained, including evidence which supports that the Respondent engaged in a policy violation and evidence which supports that the Respondent did not engage in a policy violation. The Decision-maker will evaluate all relevant evidence and statements from parties and witnesses (subject to any limitations in these Procedures for Resolving Title IX Policy Violations) to determine the facts (by a preponderance of the evidence) necessary to reach a determination on responsibility. Any determination may not be based solely on an individual’s status or participation as a Reporting Party, Respondent, or witness.
    5. PCC operates with the presumption that the Respondent is not responsible for the reported misconduct unless and until the Respondent is determined to be responsible for a policy violation by the applicable standard of proof.
    6. Delays in the Investigation Process and Interactions with Law Enforcement: PCC may undertake a delay in its investigation if circumstances require. Such circumstances include, but are not limited to:
      • a request from law enforcement to temporarily delay the investigation,
      • the need for language assistance,
      • the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions. PCC will communicate in writing the anticipated duration of the delay and reason to the parties and provide the parties with status updates if necessary. OEI will not disclose personal information such as disability, health status, or other sensitive information. OEI will describe these instances as personnel reasons or student need. PCC will promptly resume its investigation and resolution process as soon as feasible. During such a delay, PCC will implement supportive measures as deemed appropriate.
    7. PCC’s actions are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.
    8. Impact on Academic Standing: if the Respondent is a graduating student, a hold may be placed on graduation and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under this Policy is not in good standing to graduate.
    9. If a Student Respondent Withdraws While Charges are Pending:
      • PCC may place a hold on a student’s ability to graduate and/or to receive an official transcript/diploma.
      • Should a student decide to not participate in the resolution process, the process proceeds absent their participation to a reasonable resolution, subject to the provisions outlined in this document.
      • Should a student Respondent withdraw from PCC, the Title IX Coordinator shall consider a discretionary dismissal under this procedure.
      • The student who withdraws or leaves while the process is pending may not return to any PCC campus or center. A hold will be placed on their ability to be readmitted. They may also be trespassed from PCC property and/or events.
      • If the student Respondent only withdraws or takes a leave for a specified period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to PCC unless and until all sanctions have been satisfied.
      • PCC will continue to address and remedy any systemic issues, variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation.
    10. If an Employee Respondent Resigns While Charges Pending:
      • Should an employee Respondent resign from PCC, the Title IX Coordinator shall consider a discretionary dismissal under this procedure.
      • An employee who resigns with unresolved allegations pending may not be eligible for rehire at PCC. If an employee resigns with unresolved allegations pending, they must contact the Director of Compliance and Title IX Coordinator, or Employee and Labor Relations should they subsequently seek employment at PCC.
      • All PCC responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.
    11. Regardless if a student or employee separates their relationship with PCC, PCC will continue to address and remedy any systemic issues or variables that may have contributed to the alleged violation(s), and any ongoing effects of the alleged harassment, discrimination, and/or retaliation.
  7. Formal Grievance Process – Step 1: Notice of Investigation and Allegations
    1. The Director of Compliance and Title IX Coordinator will provide a written Notice of Investigation and Allegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare for the interview, gather evidence, and identify potential witnesses. The NOIA is also copied to the Reporting Party, who is to be given advance notice of when the NOIA will be delivered to the Respondent. The NOIA will, at minimum, include:
      • A meaningful summary of all of allegations,
      • The identity of the involved parties (if known),
      • The precise misconduct being alleged,
      • The date and location of the alleged incident(s) (if known),
      • The specific policies implicated,
      • A description of the applicable procedures,
      • A statement of the potential sanctions/responsive actions that could result,
      • A statement that PCC presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination,
      • A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity to inspect and review all directly related and/or relevant evidence,
      • A statement about PCC’s policy on retaliation,
      • Information about the privacy of the process,
      • Information on that each party must have an Advisor, information on their assigned Advisor, a mechanism to seek a different Advisor from PCC, and a mechanism to alert PCC that they prefer to use an Advisor of their choosing,
      • A statement informing the parties that PCC’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the resolution process,
      • Detail on how the party may request disability accommodations during the interview and grievance process,
      • A link to PCC’s VAWA Brochure,
      • The name(s) of the Investigator(s),Decision-maker(s), appellate officers, along with a process to identify, in advance of the interview process, to the Title IX Coordinator any conflict of interest that the Investigator(s),Decision-maker(s), or appellate officers may have, and
      • An instruction to preserve any evidence that is directly related to the allegations.
    2. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available regarding the addition or dismissal of various charges.
    3. The NOIA will be made in writing and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address(es) of the parties as indicated in official PCC records, or emailed to the parties’ PCC-issued email or designated accounts. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
    4. PCC may, at its option, consolidate the complaints and investigations in cases that arise out of the same facts and circumstances and involve more than one Reporting Party, more than one Respondent, or counter complaints between parties.
  8. Formal Grievance Process – Step 2: Investigation
    1. PCC endeavors to provide investigations that are trauma-informed, thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtain available, relevant evidence; and identify sources of expert information, as necessary. All parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.
    2. Upon issuance of the NOIA, the Investigator(s) typically take(s) the following steps (not necessarily in this order):
      • Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for all witnesses and the parties
      • Meet with the parties
      • Provide each interviewed party and witness an opportunity to review and verify the Investigator’s summary notes of the relevant evidence/testimony from their respective interviews and meetings
      • Make good faith efforts to notify the parties of any meeting or interview involving the other party, in advance when possible
      • When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the expected participants and purpose
      • Interview all available, relevant witnesses and conduct follow-up interviews as necessary
      • Allow each party the opportunity to suggest witnesses and questions they wish the Investigator(s) to ask of the other party and witnesses, and document in the report which questions were asked, with a rationale for any changes or omissions
      • Complete the investigation promptly and without unreasonable deviation from the intended timeline
      • Provide regular status updates to the parties throughout the investigation
      • Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) with a list of witnesses whose information will be used to render a finding
      • Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence. Appendices including relevant physical or documentary evidence will be included
      • Prior to the conclusion of the investigation, provide the parties and their respective Advisors (if so desired by the parties) a secured electronic draft of the investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which PCC does not intend to rely in reaching a determination
        • Parties will have, at minimum ten (10) days to review and comment on the report so that each party may meaningfully respond to the evidence
        • The parties may elect to waive the full ten days
      • The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional relevant evidence, make any necessary revisions, and finalize the report which will be shared with all parties and their Advisors through secure electronic transmission or hard copy at least ten (10) days prior to any live hearing
      • The parties are also provided with a file of any directly related evidence that was not included in the report
    3. Employee Witnesses: Witnesses (as distinguished from the parties) who are employees of PCC are expected to fully cooperate with (and participate in) PCC’s investigation and resolution process. Failure of an employee to cooperate with and/or participate in the investigation or resolution process constitutes a violation of policy and may warrant discipline. Witness employees may have a third party support person present when meeting with an Investigator.
    4. Interview Methods: While in-person interviews for parties and all potential witnesses are ideal, circumstances may require individuals to be interviewed remotely. PCC video or telephone conferencing will be used for any remote interview if the Investigator(s) determine that timeliness or efficiency dictate a need for remote interviewing. PCC will take appropriate steps to reasonably ensure the security/privacy of remote interviews.
    5. Recording Interviews: No investigatory interviews may be recorded except as a reasonable accommodation or otherwise required by law.
    6. Evidence Issues in the Investigation: The Investigator(s) and investigation report will not consider:
      • incidents not directly related to the possible violation, unless they evidence a pattern;
      • the character of the parties;
      • questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with respect to the Respondent and are offered to prove consent; or
      • evidence that was gathered in violation of state law or this policy.
    7. Referral for Hearing: Provided that the complaint is not resolved through an Informal Resolution, once the final investigation report is shared with the parties, the Title IX Coordinator will refer the matter for a live hearing. The hearing cannot be less than ten (10) days from when the final investigation report is transmitted to the parties and the Decision-maker, unless all parties and the Decision-maker agree to an expedited timeline. The Title IX Coordinator will select an appropriate Decision-maker depending on whether the Respondent is an employee or a student. Allegations involving student-employees will be directed to the appropriate Decision-maker depending on the context of the alleged misconduct and who the Respondent is.
  9. Formal Grievance Process – Step 3: Live Hearing
    1. The Director of Compliance and Title IX Coordinator will designate a Decision-maker who will also Chair the hearing. The Decision-maker will not have had any previous involvement with the investigation. The Decision-maker may not be an individual who has served in any other role in that matter.
    2. The Title IX Coordinator may not serve as a Decision-maker or Chair but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest.
    3. Notice of Hearing: No less than ten (10) days prior to the hearing, the Decision-maker will send notice of the hearing to the parties. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered. The Notice of Hearing will contain:
      • A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable procedures, and a statement of the potential sanctions/responsive actions that could result.
      • The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other student or employee activities.
      • Information on any technology that will be used to facilitate the hearing.
      • A list of all those who will attend the hearing, along with an invitation to object to any Decision-maker on the basis of demonstrated bias. This must be raised with the Title IX Coordinator at least two (2) business days prior to the hearing.
      • Information on how the hearing will be recorded and on access to the recording for the parties after the hearing.
      • A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s or witness’s testimony and any statements given prior to the hearing will not be considered by the Decision-maker.
      • Notification that each party must have an Advisor present; there are no exceptions.
      • Notification that only the Advisor may ask questions and provide assistance at the hearing
      • A copy of all the materials provided to the Decision-maker(s) about the matter, unless they have been provided already.
      • An invitation to each party to submit to the Chair an impact statement pre-hearing that the Decision-maker will review during any sanction determination.
      • An invitation to contact the Title IX Coordinator to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, at least seven (7) days prior to the hearing.
    4. Evidence and Witnesses Presented at the Hearing: the Investigator(s) must have first interviewed any witness scheduled to participate in the hearing, unless all parties and the Chair agree to the witness’s participation in the hearing. All evidence the parties intend to offer must first have been submitted to the Investigator(s) unless the parties and Chair agree. If the evidence is newly available, not available during the investigation, and could impact the outcome of the hearing, the Chair will delay the hearing and instruct that the investigation be reopened to consider that evidence. The Title IX Coordinator will give the Decision-maker(s) a list of the names of all parties, witnesses, and Advisors at least five (5) days in advance of the hearing. Any Decision-maker who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the hearing. If a Decision-maker is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator as soon as possible. During the ten (10) day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Chair at the pre-hearing meeting or at the hearing and will be exchanged between each party by the Chair.
    5. Evidence Admissible for a Responsibility Determination: Any evidence that the Decision-maker(s) determine(s) is relevant and credible may be considered, subject to the following exceptions:
      • incidents not directly related to the possible violation, unless they evidence a pattern;
      • the character of the parties; or
      • questions and evidence about the Reporting Party’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Reporting Party’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Reporting Party, or if the questions and evidence concern specific incidents of the Reporting Party’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
    6. Evidence Admissible for Sanctioning: The following evidence is admissible and relevant only to determining sanctions after a finding of responsibility:
      • Respondent’s previous disciplinary history of any kind may be considered to determine an appropriate sanction or remedy.
      • The parties may each submit a written impact statement prior to the hearing for the consideration of the Decision-maker(s) at the sanction stage of the process if a determination of responsibility is reached.
  10. Formal Grievance Process – Step 4: Findings and Sanctions
    1. Standard of Proof for Findings: All findings in the proceedings will be by a preponderance of the evidence, which means that the Decision-maker will determine whether the sum of all the evidence shows that it is more likely than not that the Respondent violated College policy. This standard will be used in any Title IX fact-finding and related proceedings, including any hearings. It will be used for cases involving student and employee Reporting Parties and/or student and employee Respondents. Decision-makers will independently reach a determination about responsibility, based on the evidence, without deference to the investigative report.
    2. Sanctions: If the Respondent is found responsible, PCC will determine appropriate sanctions. Sanctions will be determined by majority rule of the Decision-maker in conjunction with two other PCC administrators. These administrators will be present for the hearing, and have an opportunity to submit questions for the parties, though they will not vote regarding responsibility.
      • The Decision-maker and PCC Administrators will issue appropriate sanctions considering factors such as (but not limited to):
        • Employee longevity;
        • Work history;
        • Nature and severity of violation;
        • The Respondent’s disciplinary history;
        • Fair, sufficient investigation supported by evidence;
        • Notice and equal treatment;
        • Previous allegations or allegations involving similar conduct;
        • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation;
        • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation;
        • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Reporting Party and the community;
        • The impact on the parties; and
        • Any other information deemed relevant by the Decision-maker or PCC administrators.
      • For student Sanctions, the Decision-maker and PCC Administrators will consider factors such as (but not limited to):
        • The Respondent’s disciplinary history;
        • Previous allegations or allegations involving similar conduct;
        • The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation;
        • The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation;
        • The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Reporting Party and the community;
        • The impact on the parties; and
        • Any other information deemed relevant by the Decision-maker or PCC administrators.
    3. The sanctions will be implemented as soon as is feasible, either upon the outcome of any appeal or the expiration of the window to appeal without an appeal being requested.The sanctions described in this policy are not exclusive of, and may be in addition to, other actions taken or sanctions imposed by authorities and entities other than PCC.
    4. Possible Student Sanctions: The following are examples of sanctions that may be imposed upon students or organizations singly or in combination:
      • Educational Sanctions: The Responding Party may be required to complete tasks such as assignments, interviews, reflection papers, educational meetings, or other educational activities.
      • Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any PCC policy, procedure, or directive will result in more severe sanctions/responsive actions.
      • Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student or organization is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
      • Suspension: Termination of student status for a definite period of time not to exceed two years and/or until specific criteria are met. A student returning from suspension will be required to meet with a Student Conduct and Retention Coordinator prior to returning to PCC. The Student Conduct and Retention Coordinator may place the student on probation or require additional education measures be put in place.
      • Expulsion: Permanent termination of student status and revocation of rights to be on campus for any reason or to attend PCC-sponsored events.
      • Withholding Diploma: PCC may withhold a student’s diploma for a specified period of time and/or deny a student participation in commencement activities if the student has an allegation pending or as a sanction if the student is found responsible for an alleged violation.
      • Revocation of Degree: PCC reserves the right to revoke a degree previously awarded from PCC for fraud, misrepresentation, and/or other violation of PCC policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a student prior to graduation.
      • Organizational Sanctions: Deactivation, loss of recognition, loss of some or all privileges (including PCC registration) for a specified period of time.
      • Other Actions: In addition to or in place of the above sanctions, PCC may assign any other sanctions as deemed appropriate.
    5. Possible Employee Sanctions: The following are the examples of sanctions that may be imposed upon employees:
      • Warning – Verbal or Written
      • Performance Improvement Plan
      • Mandatory EAP Referral
      • Required Training
      • Disciplinary Probation
      • Suspension without pay
      • Dismissal
      • Other Actions: In addition to or in place of the above sanctions, PCC may assign any other sanctions as deemed appropriate.
    6. Notice of Outcome: the Decision-maker and Director of Compliance and Title IX Coordinator will draft and issue a Notice of Outcome to the parties. This notice will be made simultaneously, in writing, and may be delivered by one or more of the following methods: in person, mailed to the local or permanent address of the parties as indicated in official PCC records, or emailed to the parties’ PCC-issued email or otherwise approved account. Once mailed, emailed, and/or received in-person, notice will be presumptively delivered.
    7. The Notice of Outcome will identify the specific policy sections found to be violated, and will contain:
      • a description of the procedural steps taken by PCC since the receipt of the Formal Complaint;
      • the finding on each alleged policy violation, which will include supporting findings of fact and conclusions regarding the application of the relevant policy to the facts at issue;
      • a statement of, and rationale for, the result of each allegation to the extent PCC is permitted to share such information under state or federal law;
      • any sanctions issued which PCC is permitted to share according to state or federal law; and
      • any remedies provided to the Reporting Party designed to ensure access to PCC’s educational or employment program or activity, to the extent PCC is permitted to share such information under state or federal law (this detail is not typically shared with the Respondent unless the remedy directly relates to the Respondent)The Notice of Outcome will also include information on when PCC considers the results to be final, any changes that occur prior to finalization, and the relevant procedures and bases for any available appeal options.
  11. Formal Grievance Process – Step 5: Appeals
    1. Any Appeal under any this policy or procedure shall be processed under, and comply with CRR 2.5 – Appeals.